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内容提要:明清时期,民众为日常小利争讼,甚至发生斗殴命案并不鲜见。对《折狱新语》和《槐卿政迹》中判牍的统计表明,亲属争讼的比例约占三成左右。兄弟、叔嫂、婶侄之间争讼之激烈,让我们很难想象当时的社会存在普遍的伦理约束。同时,宗族权威并没能有效地化解亲属争讼,宗族观念更多地成为侵夺利益的藉口,而不是伦理规范的后盾。因此,明清时期的儒家伦理对民众行为的影响可能需要重新检讨。
Description: In the Ming and Qing dynasties, it was not uncommon for the people to fight for daily petty profits and even fight fights. The statistics on the sentences in “The New Habitat Pursuit” and “Huai Qing Government Records” show that the proportion of relatives’ disputes is about 30%. Brothers, uncle, aunt and nephew of the fierce dispute between the law, it is hard for us to imagine the social ethics prevailing universal restraint. At the same time, the clan authority has not been able to effectively resolve the kin dispute, and the clan idea has become more an excuse to invade the interests, rather than the backing of ethical norms. Therefore, the influence of Confucian ethics in the Ming and Qing Dynasties on popular behavior may need to be reviewed again.